Missed Work After A Car Accident

If you’re out of work or unable to work after a car accident, you can file a claim with your own insurance company or pursue legal action against the at-fault driver, depending on the circumstances.

Since there are many legal options available to you, it is recommended to seek help from an attorney. Not only can they guide you in choosing the best course of action, but they can gather evidence that proves what income has been lost due to your injuries. Compensation for missing work after a car accident may cover lost wages, lost earning capacity, and lost opportunities.

Lost wages refer to the income that an individual would have earned had they not been injured in the car accident. This can include wages, salaries, bonuses, and other forms of compensation.

It's important to keep thorough records of all missed workdays, as well as documentation from a doctor or other medical professional regarding the extent of the injuries and the anticipated recovery time. With the help of an experienced attorney, car accident victims can recover the income they would have earned during their time away from work.

Individuals who have been injured in a car accident may also experience lost earning capacity. While lost wages refer to the income that an individual would have earned had they been able to work during the recovery period, lost earning capacity refers to the potential income that an individual could have earned had they not been injured in the accident. This is typically seen in cases where the injuries sustained in the car accident have led to long-term or permanent disabilities that affect an individual's ability to work and earn income in the future. Your attorney may need to retain an expert witness to explain the effects of your injuries on your future earning capacity.

Missing work due to a car accident can also result in lost opportunities. This refers to any potential employment or income-generating opportunities that an individual may have missed out on as a result of their injuries. For example, if an individual is an independent contractor or works on commission, their ability to earn income may be directly tied to their ability to work. If their injuries prevent them from taking on new clients or completing existing projects, they may experience a loss of income that goes beyond just lost wages or earning capacity.

Similarly, if an individual misses out on a job interview or other opportunity due to their injuries, they may be entitled to compensation for the potential earnings they could have received had they been able to attend the interview or pursue the opportunity. This type of loss can be difficult to calculate, as it involves projecting what may have happened had the individual not been injured. Again, expert witnesses are often needed.

It’s important to remember that even if your employer offers some form of paid time off (PTO) that you used to cover your recovery time, you can still pursue compensation for lost wages. That vacation time has value, and you were unable to use it for other purposes because you were injured.

Complexities that can occur in lost income compensation

If your employer offers certain benefits such as short-term or long-term disability insurance that pays for some of your lost wages, and you are compensated in a car accident settlement or verdict for the same lost time, then depending on the applicable laws, the disability insurance company may ask to be reimbursed (subrogation). The same applies if you were hurt while driving for work and filed a workers’ compensation claim. An attorney can help navigate this situation and maximize the amount of your settlement that actually goes to you.

It's also important to remember that while compensation for a car accident is usually tax-exempt, compensation for lost income is an exception. If you would’ve been taxed on that income had you earned it, then you can likely also be taxed on your compensation. Again, an attorney can help you navigate this situation and advocate for your interests.

How a car accident attorney can help

If you're injured and missing work after a car accident, it's important to know your legal rights and options. An attorney can work with you to protect your job and your financial stability. They may be able to negotiate with your employer in addition to the insurance company to make sure your rights are protected at every stage of recovery.

If you're missing work after a car accident, don't hesitate to schedule a consultation with an experienced car accident attorney. They can help you understand your options and develop a plan to protect your rights. Contact a car accident attorney in your area today.